Terms & Conditions

Welcome to www.makiajournal.com (the 'Website'). The Website is a platform for pregnant couples and/or newborn parents/primary care givers to document the first year with their baby, starting from pregnancy, and to order a print journal (the ‘Services’).

The Website is operated by Makia The Baby Journal Pty Ltd (ACN 647 676 051) . Access to and use of the Website, or any of its associated Products or Services, is provided by Makia The Baby Journal Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

Makia The Baby Journal Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Makia The Baby Journal Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

By signing up and using the website, you accept these Terms of use. We give no warranty or assurance given, and make no representation as to the accuracy of any advice contained, or that it is suitable for your intended use.


Your Obligations

You agree to comply with the following:

  • you will use the Services only for purposes that are permitted by:
    • the Terms; and
    • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • you have the sole responsibility to verify any information as we give no warranty or assurance given and make no representation as to the accuracy of any advice contained, or that it is suitable for your intended use
  • you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Makia The Baby Journal Pty Ltd;
  • you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  • you acknowledge and agree that any automated use of the Website or its Services is prohibited.

Copyright and Intellectual Property

The Website, the Services and all of the related products of Makia The Baby Journal Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Makia The Baby Journal Pty Ltd or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Makia The Baby Journal Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license to:

  • use the Website pursuant to the Terms;
  • copy and store the Website and the material contained in the Website in your device's cache memory; and
  • print pages from the Website for your own personal and non-commercial use.

Makia The Baby Journal Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Makia The Baby Journal Pty Ltd.

Makia The Baby Journal Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

You may not, without the prior written permission of Makia The Baby Journal Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.


Privacy

Makia The Baby Journal Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Makia The Baby Journal Pty Ltd’s Privacy Policy, which is available on the Website.


General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

  • Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  • Subject to this clause, and to the extent permitted by law:

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Makia The Baby Journal Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Makia The Baby Journal Pty Ltd) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products;
  • costs incurred as a result of you using the Website, the Services or any of the products of Makia The Baby Journal Pty Ltd; and
  • the Services or operation in respect to links which are provided for your convenience.

Education Services

By using our services, you agree that Makia The Baby Journal Pty Ltd is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Makia The Baby Journal Pty Ltd liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice or materials used or provided by Makia The Baby Journal Pty Ltd.


Limitation of liability

Makia The Baby Journal Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that Makia The Baby Journal Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.


Termination of Contract

The Terms will continue to apply until terminated by either you or by Makia The Baby Journal Pty Ltd as set out below.

If you want to terminate the Terms, you may do so by:

  • providing Makia The Baby Journal Pty Ltd with 21 days' notice of your intention to terminate; and
  • closing your accounts for all of the services which you use, where Makia The Baby Journal Pty Ltd has made this option available to you.

Your notice should be sent, in writing, to Makia The Baby Journal Pty Ltd via the 'Contact Us' link on our homepage.

Makia The Baby Journal Pty Ltd may at any time, terminate the Terms with you if:

  • you have breached any provision of the Terms or intend to breach any provision;
  • Makia The Baby Journal Pty Ltd is required to do so by law;
  • the provision of the Services to you by Makia The Baby Journal Pty Ltd is, in the opinion of Makia The Baby Journal Pty Ltd, no longer commercially viable.

Subject to local applicable laws, Makia The Baby Journal Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Makia The Baby Journal Pty Ltd's name or reputation or violates the rights of those of another party.

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